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| Folsom prison officer convicted of false report, cleared of assault |
| By Associated Press |
| Published: 08/16/2004 |
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A former New Folsom prison lieutenant was acquitted last Monday of assaulting an inmate despite testimony from five fellow officers, but he was convicted of filing a false report. The case involving Stephen Luke Scarsella renews the debate over what whistle-blowers and a federal court-appointed monitor say is a pervasive "code of silence" within the state's prison system, and over Calif. Gov. Arnold Schwarzenegger's administration's attempts to clean up what critics say is an often abusive system. Five officers, including a sergeant, testified that Scarsella, a 49-year-old former lieutenant, dragged inmate Mel Edward by his leg chains partly down a stairway, then punched the defenseless inmate twice in the face. Edward was being forcibly removed from his cell at California State Prison, Sacramento, commonly known as New Folsom, on June 8, 2002. The officers said they were subsequently derided as "rats" by fellow officers, and ostracized for speaking out. Scarsella was fired after the incident. "They felt a lot of pressure for having reported it," said Supervising Sacramento County Deputy District Attorney Steve Secrest after the verdict. He derided three other witnesses, "who I called the three monkeys - saw no evil, heard no evil. ... There was a lot of that" by other witnesses, including a second sergeant who had to be ordered repeatedly to give a complete account of what she saw. Jurors also acquitted Scarsella of fabricating one portion of his report in which he said Edward "attempted to bang his head against Lt. Scarsella's right hand." His only conviction was for reporting that he used an open palm to push Edward's head and neck, while witnesses said he used his closed fist. Scarsella's attorney did not return a telephone message from The Associated Press, but argued during trial that his client properly used force. Prison officials didn't comment other than to say Scarsella had been fired in January. But Secrest said jurors were reluctant to convict because Edward is "not a very likable person." Edward is a maximum-security inmate with eight previous claims of excessive force against officers, including allegations that he faked some of the previous alleged assaults. Edward also suffered only a minor bruise over one eye and a slightly swollen ankle. A second sergeant who previously pleaded guilty to a misdemeanor count of filing a false report was demoted and sentenced to probation and community service. |
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